ITB 2021-003 Bid Documents

WILLIAM R. PROBST MEMORIAL

ITB # 2021-003

PROJECT BID MANUAL

THE CITY OF TUCKER

PARKS & RECREATION DEPARTMENT

1975 LAKESIDE PKWY, STE 350

TUCKER, GA 30084

Issued: August 5, 2021

Prepared By:

Root Design Studio, LLC 33469 Lawrenceville Hwy, Suite 204

Tucker, Georgia 30084

(404) 895-2253 www.RootDStudio.com

WILLIAM R. PROBST MEMORIAL August 5, 2021

TABLE OF CONTENTS

INVITATION FOR BIDS: Advertisement for Bids

SECTION ONE: Instructions to Bidders

SECTION TWO: Bid Forms

Bid Proposal Pre-Qualification Form Certificate of Price Determination Non-Collusion Affidavit Taxpayer Identification Bid Bond City of Tucker Disclosure Form Bid Form Checklist

SECTION THREE: Contract Documents

Sample Contract Affidavit Verifying Status for City Public Benefit Application E-Verify Contractor Affidavit List of Subcontractors Final Release of Lien Waiver

SECTION FOUR: General Conditions

SECTION FIVE: Technical Specifications

Section 011100 – Summary of Work Section 012500 – Substitutions Section 012600 – Contract Modification Procedures Section 012900 – Payment Procedures Section 013300 – Submittal Procedures Section 013500 – Special Procedures Section 017700 – Closeout

INVITATION TO BID

THE CITY OF TUCKER, GEORGIA

WILLIAM R. PROBST MEMORIAL

Invitation: The City of Tucker is requesting bids for the WILLIAM R. PROBST MEMORIAL project.

Bids will be received at the City of Tucker City Hall located at 1975 Lakeside Pkwy Suite 350, Tucker, GA 30084, until Thursday, August 26, 2021 at 2:00 pm. Please call (470) 481-0205 for appointment time and drop-off. Bids will be reviewed by the City’s staff and will be awarded to the responsive and responsible bidder whose bid, conforming with all the material terms and conditions of the ITB, is the lowest in price. A copy of the bid tabulation will be made available to all bidders.

Work to Be Performed: The project consists of creating a new memorial plaza and observation deck for William R. Probst. The work to be performed by the General Contractor consists of, but is not limited to, the following major items:

1. Construction of a granite chimney, granite seat walls, a paver plaza and a small wooden observation deck.

Mandatory Pre-Bid Conference: A mandatory pre-bid conference is scheduled for Thursday, August 12, 2021 at 2:00 pm. Attendees will meet at Probst Park (Formerly Smoke Rise Park), located at 5623 Hugh Howell Road, Tucker, GA 30087. Attendees will be required to follow the most current CDC guidelines and protocols for social distancing. Any questions shall be submitted in writing per the “Instructions to Bidders”.

Specifications and Contract Documents: Digital copies (PDFs) of the Specifications and Contract Documents will be available for download from the City’s website, starting on August 5, 2021.

Questions: Questions concerning this solicitation shall be submitted in writing via email to Mr. Rip Robertson at procurement@Tuckerga.gov. The deadline for questions is Tuesday, August 17, 2021 by 5:00 pm.

mailto:rrobertson@Tuckerga.gov

BID ACTIVITY SCHEDULE

TASK DATE

Issue RFP Thursday, August 5, 2021

Mandatory Pre-Bid Conference Thursday, August 12, 2021 at 2:00 pm

Deadline for Questions Tuesday, August 17, 2021 by 5:00 pm

Answers Posted by the City (Addendum) Thursday, August 19, 2021 by 4:00 pm

Proposals Due / Bid Opening Thursday, August 26, 2021 at 2:00 pm

Award Contract Monday, September 13, 2021 at Regular Council Meeting

NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.tuckerga.gov) FOR ADDENDA

AND SCHEDULE UPDATES.

The City reserves the right to reject any or all proposals, to waive informalities, and to re-advertise.

The City of Tucker Procurement Department

Attention: Mr. Rip Robertson

(678) 597-9040 procurement@Tuckerga.gov

SECTION ONE:

Instructions to Bidders

INSTRUCTIONS TO BIDDERS: Page 1 of 5

INSTRUCTIONS TO BIDDERS

1.1 DESCRIPTION

The City of Tucker, (hereinafter called the “Owner” or the “City”) invites bids for the construction of the William R. Probst Memorial project located at 5623 Hugh Howell

Road, Tucker, GA 30084. The work primarily involves but is not limited to the construction of a granite chimney, granite seat walls, a paver plaza, and wooden observation deck, as depicted on the drawings provided as part of these Contract

Documents.

1.2 STANDARD SPECIFICATIONS

The Bidder is advised that the governing specifications for this project including such items as bidding requirements, award and execution of contract, general conditions, technical specifications, and related items shall be in accordance with local, state and federal laws, as applicable.

1.3 BID DOCUMENTS

Bidding documents will be available in digital format for download from the City’s web site. Bidders may also request a thumb drive. Please contact Rip Robertson at (470) 273-

3076. The City will maintain a list of prospective Bidders. This list will be provided at the pre-bid conference and available upon request.

1.4 BID GUARANTEE

Bids must be accompanied by a bid guarantee in the amount of not less than five percent

(5%) of the base bid from a surety company licensed to do business in the State of

Georgia, made payable to the City.

1.5 PREPARATION OF PROPOSAL

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be completed in ink pen or typewritten, in both words and numerals. In case of discrepancies, words will take precedence over numerals and unit prices will take precedence over totals.

The BIDDER is required to submit only the Bid Proposal, which includes:

Completed Bid Proposal Form

Pre-Qualification Form

Certificate of Price Determination

Non-Collusion Affidavit

INSTRUCTIONS TO BIDDERS: Page 2 of 5

Taxpayer Identification

Bid Bond or Certified Check

City of Tucker Disclosure Form

Current State of Georgia Contractor’s License/Business License

Upon award of a contract, the following documents must be submitted prior to construction:

Fully Executed Construction Contract

Affidavit Verifying Status for City Public Benefit Application

E-Verify Affidavit

List of Subcontractors

1.6 MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference is scheduled for Thursday, August 12, 2021 at 2:00 pm.

Attendees will meet at Probst Park (formerly Smoke Rise Park) located at 5623 Hugh

Howell Road, Tucker, GA 30084. Attendees will be required to follow the most current

CDC guidelines and protocols for social distancing. Any questions shall be submitted in writing per the “Instructions to Bidders”.

1.7 DELIVERY OF BIDS

Bidders shall submit one original hardcopy bid package (inclusive of the Bid Proposal

Form and all other required documents) and one digital copy on a thumb drive to the following address:

City of Tucker

Procurement Department

1975 Lakeside Pkwy, Suite 350

Tucker, GA 30084

Each bid must be submitted in a sealed opaque envelope bearing on the outside the name of the bidder, the bidder’s address, and the name of the project for which the bid is submitted. The bid proposal form is required to be submitted in a separate sealed envelope.

If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Any bid which is not properly prepared and accompanied by required certifications may be rejected by the Owner.

Bids will be received until the time and date as specified in the Bid Advertisement and must be in the hands of the officials indicated by that time. All bids received will be date and time-stamped and stored unopened in a secure place until the public bid opening. Bids received after the time established for opening the bids will be returned unopened to the

Bidder.

INSTRUCTIONS TO BIDDERS: Page 3 of 5

1.8 TELEGRAPHIC MODIFICATION

Any bidder may modify his/her bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification.

1.9 QUALIFICATION OF BIDDERS

Bidders must be licensed in the State of Georgia to perform the type of services designated herein and have the experience the Owner deems as suitable and necessary to perform the work.

Bidders must be able to demonstrate a record of reliability, fiscal responsibility and a minimum of three (3) years’ worth of verifiable experience in performing projects of similar size and scope.

Bidders must submit the Pre-Qualification Form, included herewith, providing at least two

(2) references for similar projects within the past seven (7) years.

1.10 POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

1.11 LAWS AND REGULATIONS

Attention of the Bidder is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written in full.

1.12 METHOD OF BIDDING

Bids will be in the form of a single lump sum, to include all labor, materials, overhead, mobilization, profit and any other costs associated with the completion of the work as specified in the contract documents.

1.13 BID AWARD

INSTRUCTIONS TO BIDDERS: Page 4 of 5

If the contract is awarded, it will be awarded to the lowest responsible and responsive bidder whose bid meets the requirements of the solicitation. The lowest bid will be determined from the total base bid only.

1.14 OWNER’S RIGHT TO NEGOTIATE WITH THE LOWEST BIDDER

In the event all responsive and responsible bids are in excess of the budget, the Owner, in its sole and absolute discretion and in addition to the rights set forth above, reserves the right to negotiate with the lowest responsive and responsible bidder (after taking all deductive alternates) only for the purpose of making changes to the Project that will result in a cost to the Owner that is within the budget, as it may be amended.

1.15 BID REJECTIONS

The Owner reserves the right to reject all bids and to waive formalities. Any claims for cost incurred by any Bidder in preparation of any part of or total package for this project will not be considered for reimbursement by the Owner.

1.16 NOTICE TO PROCEED

Upon execution of the Contract and receipt from the Selected Bidder of all required and/or necessary bonds, permits, licenses, certifications, etc., the Owner will issue to the

Contractor a written Notice to Proceed letter.

1.17 SUBCONTRACTS

Any person, firm, or other entity to whom the Bidder proposes to award a subcontract under this contract must be acceptable to the Owner. Bidders must provide Subcontractor information as requested in the Bid Forms. If the Contractor needs to change subcontractors for any reason once construction has begun, the Contractor must provide the Owner with the subcontractor’s information for review and approval prior to making the change.

1.18 CONDITIONS OF THE SITE

Bidders are encouraged to review the site conditions related to the construction of the project. Failure to do so will not relieve the successful Bidder of the obligation to furnish all material necessary to carry out the provisions of the contract.

1.19 ADDENDA AND INTERPRETATIONS

INSTRUCTIONS TO BIDDERS: Page 5 of 5

Requests for clarification, additional information or interpretation of the plans, specifications or other bid documents must be submitted in writing (either via email, fax, or written correspondence) to:

Rip Robertson, Parks & Recreation Director

City of Tucker Procurement Department

1975 Lakeside Pkwy, Suite 350

Tucker, GA 30084

Telephone: (470) 273-3076

E-mail: procurement@tuckerga.gov

The deadline for questions is Tuesday, August 17, 2021 by 5:00 pm. Responses will be issued to all Bidders in the form of written addenda no later than Thursday, August 19, 2021 by 4:00 pm. Failure of any Bidder to receive any such addenda shall not relieve the

Bidder from the obligations of the bid documents. All addenda so issued shall officially become part of the bid documents.

1.20 OBLIGATION OF THE BIDDER

At the time of the bid opening, each Bidder will be presumed to have inspected the site, to have read, and be thoroughly familiar with the plans and contract documents (including all addenda and Specifications). Omissions and/or failure of any Bidder to examine any form, instrument or section of the bid documents shall in no way relieve the Bidder from any obligation with respect to his/her bid.

1.21 CONSTRUCTION SCHEDULE

Time is of the essence for this project. The Selected Contractor must be able to begin work within five days of receipt of the Notice to Proceed and be able to successfully complete the project as described in the General Conditions of the Contract. Refer to section 1.48 of the General Conditions for contract duration.

The Selected Contractor and the members of their workforce must have reliable and immediate access to any and all machinery, equipment, parts, tools, supplies and/or materials that may be necessary to complete the project.

SECTION TWO:

Bid Forms

BID FORMS: PAGE 1 of 11

BID PROPOSAL, Page 1 of 4

Proposal of _____________________________________________ (hereinafter called

“BIDDER”) a contractor organized and existing under the laws of the state of

__________________________, *an individual, a corporation, or partnership doing business as_____________________________________________________________________________.

*Strike out Inapplicable Terms.

THIS BID SUBMITTED TO: The City of Tucker Parks and Recreation Department (hereinafter called “OWNER”)

The undersigned BIDDER proposes and agrees, if this Bid accepted, to enter into an Agreement with the OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Lump Sum Fee and within the Contract

Time indicated in this Bid.

BIDDER agrees to provide the necessary machinery, tools, apparatus, all materials and labor, and other means of construction necessary to complete the WILLIAM R. PROBST MEMORIAL

PROJECT, including but not limited to: the construction of a granite chimney, granite seat walls, a paver plaza, and a wooden observation deck.

In submitting this Bid, the BIDDER represents that:

1. BIDDER agrees that in case of failure on his/her part to execute said contract and bond, or provide satisfactory proof of carriage of the insurance required, within ten (10) calendar days after the award thereof, the Bid Bond or certified check accompanying his bid and the money payable thereon shall be forfeited to the OWNER as liquidated damages;

otherwise, the check or Bond accompanying this proposal shall be returned to the

BIDDER.

2. BIDDER has examined the plans, specifications and related documents with respect to the site of the proposed work. Being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and supplies, the BIDDER agrees to construct the project within the time set forth herein and in accordance with the Contract Documents.

3. BIDDER has given the OWNER written notice of all conflicts, errors or discrepancies discovered in the Contract Documents. BIDDER has received written resolution thereof by Addendum from the OWNER.

BID FORMS: PAGE 2 of 11

BID PROPOSAL, Page 2 of 4

4. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation.

5. BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid.

6. BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and, BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over the OWNER.

Further, BIDDER agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.

BIDDER further proposes and agrees hereby to promptly commence the Work with adequate force and equipment within five (5) calendar days from receipt of Notice to Proceed, or as may be specified by Special Provision; to continuously pursue the Work without interruption; and, to complete the Work within four (4) calendar months of the Notice to Proceed.

TOTAL LUMP SUM BASE BID:

1. Having become completely familiar with the local conditions affecting the cost of work at the place where work is to be executed, and having carefully examined the site conditions as they currently exist, and having carefully examined Bidding Documents prepared by the

Design Consultants and titled: William R. Probst Memorial, together with any addenda to such Bidding Documents as listed hereinafter, the undersigned hereby proposes and agrees to provide all labor, materials, plants, equipment, transportation, taxes, permits and other facilities as necessary and/or required to execute all of the work described by the aforesaid Bidding Documents for the lump sum consideration of:

TOTAL BASE BID $____________________________

_______________________________________________________________ Dollars

(insert written amount)

Said amount above shall be hereinafter referred to as the “Base Bid” or “Base Proposal”.

BID FORMS: PAGE 3 of 11

BID PROPOSAL, Page 3 of 4

2. If the Contractor is given a Notice of Award by the Owner, within Thirty (30) calendar days after receipt of bids, the Contractor agrees to execute a contract for the above-named project work and the above-stated consideration on the form required within ten (10) calendar days of such notification. The undersigned hereby designates the office address stated on the last page of this proposal as the address to which a Notice of Award of this

Construction Contract may be delivered and to which all official correspondence and notices may be mailed, or delivered, unless the Owner is otherwise notified in writing by the Contractor.

ACKNOWLEDGEMENT OF ADDENDA:

(The Bidder hereby acknowledges receipt of addenda to this solicitation)

Addendum No: ____ Date: ____________ Addendum No: ____ Date: ____________

Attached hereto is a bid bond or certified check on the (Bank) ________________________ in the amount of ________________________________________________________________.

(Five percent of Total Amount Bid).

BID FORMS: PAGE 4 of 11

BID PROPOSAL, Page 4 of 4

This Bid Proposal is respectfully submitted by:

BIDDER (Company Name)

Company Physical Address: Company Mailing Address (if different):

Point of Contact: Phone Number

Point of Contact: E-mail Address

Signed and sealed this _____ day of ___________________, 20__.

By: ____________________________________

(Printed Name)

(Title)

(Seal) (Signature)

Surety companies executing bonds must appear on the Treasury Department’s most current list

(Circular 570, as amended) and be authorized to conduct business in the State of Georgia.

BID FORMS: PAGE 5 of 11

PRE-QUALIFICATION FORM

Contractor/Subcontractor must have prior experience in construction of similar municipal park projects, including concrete sidewalks, ramps, and curb and gutters, and must have successfully completed two comparable projects as listed below.

1. NAME OF PROJECT__________________________________________________________

DESCRIPTION_________________________________________________________________

CONTRACT AMOUNT__________________________________________________________

LOCATION (CITY and STATE) ___________________________________________________

OWNER_______________________________________________________________________

OWNER’S CONTACT INFORMATION (NAME, PHONE NUMBER, E-MAIL)

DESIGNER’S CONTACT INFORMATION (NAME, PHONE NUMBER, E-MAIL)

2. NAME OF PROJECT__________________________________________________________

DESCRIPTION_________________________________________________________________

CONTRACT AMOUNT__________________________________________________________

LOCATION (CITY and STATE) ___________________________________________________

OWNER_______________________________________________________________________

OWNER’S CONTACT INFORMATION (NAME, PHONE NUMBER, E-MAIL)

DESIGNER’S CONTACT INFORMATION (NAME, PHONE NUMBER, E-MAIL)

BID FORMS: PAGE 6 of 11

CERTIFICATE OF PRICE DETERMINATION

Phone Number _______________ Fax Number _______________ E-mail ___________________

(a) The BIDDER certifies that:

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other BIDDER or competitor relating to:

(i) Those prices,

(ii) The intention to submit a bid, or

(iii) The methods of factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the BIDDER, directly or indirectly, to any other BIDDER or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the BIDDER to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory:

(1) Is the person in the BIDDER’S organization responsible for determining the prices offered in this bid or “Proposal”, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) Has been authorized, in writing, to act as agent for the following principals in certifying those principals have not participated, and will not participate in any action contrary to subparagraphs

(a)(1) through (a)(3) of this provision.

Name Title

(Insert full name of person(s) in the BIDDER’S organization responsible for determining the prices offered in this bid or “Proposal”, and the title of his or her position in the BIDDER’S organization):

As an authorized agent, does certify that the principals named in subdivision (b)(2) above have not participated, and will not participate, in any action contrary to subparagraph (a)(1) through (a)(3) above; and as an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the BIDDER deletes or modifies subparagraph (a)(2) of this provision, the BIDDER must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

BID FORMS: PAGE 7 of 11

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF GEORGIA

COUNTY OF ________________________

_________________________________________________________, being first duly sworn, deposes and says that:

1. He/She is ________________________ (Owner, Partner, Officer, Representative or Agent) of

__________________________________, the Bidder who has submitted the attached Bid;

2. He/She is fully informed respecting the preparation and contents of the attached Bid, and of all pertinent circumstances respecting such Bid;

3. Such Bid is genuine and is not a collusive or sham Bid;

4. Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham

Bid in connection with such Contract or to refrain from submitting a Bid in connection with such

Contract or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm, or person to fix any overhead, profit or cost element of this Bid price or the Bid price of any other Bidder, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of TUCKER or any person interested in the proposed Contract; and,

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representative, owners, employees, or parties in interest, including this affiant.

(Signed) ____________________________

Name ____________________________

Title ____________________________

Subscribed and sworn to before me this

_________ Day of ________________, 20__.

_____________________________________ (SEAL)

Notary Public for Georgia

My Commission Expires: ________________

BID FORMS: PAGE 8 of 11

TAXPAYER IDENTIFICATION

Definitions:

“Taxpayer Identifications Number (TIN)”, as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the BIDDER in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification

Number.

Taxpayer Identification Number (TIN)

_____ TIN: _____________________

_____ TIN has not been applied for

_____ TIN is not required because:

_____ BIDDER is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United

States and does not have an office or place of business or a fiscal paying agent in the United

States.

Type of Organization:

_____ Sole Proprietorship

_____ Partnership

_____ Corporate entity (not tax-exempt)

_____ Corporate entity (tax-exempt)

BID FORMS: PAGE 9 of 11

BID BOND, page 1 of 2

(Five Percent (5%) of Bid)

KNOW ALL BY THESE PRESENTS, that we, the undersigned

__________________________________________________________, as CONTRACTOR, and

_________________________________________________________, as SURETY, are hereby held and firmly bound unto City of Tucker, Georgia, as OWNER, in the penal sum of

Dollars ($____________________) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

Signed this ____ day of ________________, 20__.

The condition of the above obligation is such that whereas the CONTRACTOR has submitted to the OWNER a certain bid attached hereto and hereby made a part hereof to enter into a contract in writing for the construction of the William R. Probst Memorial Project, including but not limited to: the construction of a four-foot to five-foot concrete sidewalk, twenty-four-inch curb and gutter, metal sidewalk flumes, and two accessible ramps.

NOW, THEREFORE,

(a) If said bid shall be rejected or in the alternate,

(b) If said bid shall be accepted and the CONTRACTOR shall execute and deliver a Contract in the Form of Contract attached hereto (properly complete in accordance with said bid) and shall furnish a bond for the faithful performance of said Contract and for the payment of all persons performing labor or furnishing material in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

BID FORMS: PAGE 10 of 11

BID BOND, page 2 of 2

The SURETY, for value received, hereby stipulates and agrees that the obligation of said

SURETY and its bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such bids, and said SURETY does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the CONTRACTOR and the SURETY corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

_________________________(SEAL)

CONTRACTOR

By: ________________________________

_________________________(SEAL)

SURETY

By: ________________________________

Georgia Representative

Surety companies executing bonds must appear on the Treasury Department’s most current list

(Circular 570, as amended) and be authorized to conduct business in the State of Georgia.

BID FORMS: PAGE 11 of 11

DISCLOSURE FORM: RFP#__________

BIDDERS MUST RETURN THIS FORM WHICH WILL BE ADDED TO SUBMITTED PROPOSAL

This form is for disclosure of campaign contributions and family member relations with City of Tucker officials/employees.

Please complete this form and return as part of your bid package when it is submitted.

Name of Bidder _______________________________________________

Name and the official position of the Tucker Official to whom the campaign contribution was made. (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.)

List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Tucker Official.

Amount/Value Description

Please list any family member that is currently (or has been employed within the last 9 months) by the City of Tucker and your relation:

Please complete and submit in bid package

BID FORM CHECKLIST

The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Tucker.

1._______Read the entire document. Note critical items such as: mandatory requirements;

supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.).

2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have.

3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP.

4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Bid Activity Schedule and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.tuckerga.gov will include all questions asked and answered concerning the RFP.

5._______Follow the format required in the RFP when preparing your response. Provide point-by-point responses to all sections in a clear and concise manner.

6._______ Provide complete answers/descriptions. Read and answer all questions and requirements.

Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response.

7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.

8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.tuckerga.gov to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response.

9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response.

10. _______Submit your response on time. Note all the dates and times listed in the Bid Activity Schedule and within the document and be sure to submit all required items on time. Late submittal responses are never accepted.

This checklist is provided for assistance only and should not be submitted with Offeror’s response.

SECTION THREE:

Contract Documents

CONTRACT AGREEMENT

ITB # 2021-003

HENDERSON PARK SIDEWALK

This Agreement made and entered into this ___ day of _______ in the year 2021; by and between the City of Tucker, Georgia, having its principal place of business at 1975 Lakeside Pkwy, Ste 350, Tucker, Georgia and Contractor Name ("Contractor"), located at Contractor Address.

WHEREAS, the City of Tucker is charged with the responsibility for the establishment of contracts for the acquisition of goods, materials, supplies and equipment, and services by the various departments of the City of Tucker; and

WHEREAS, the City of Tucker has caused Invitation to Bid ITB # 2021-003 to be issued soliciting proposals from qualified Contractors to furnish all items, labor services, materials and appurtenances called for by them in accordance with this proposal. Selected ("Contractor") is required to provide the services as called for in the specifications; and

WHEREAS, the Contractor submitted a response to the ITB #2021-003; and

WHEREAS, the Contractor’s submittal was deemed by the City of Tucker to be the lowest qualified bidder to the City per the scope of services.

NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows:

1.0 Scope of Work

That the Contractor has agreed and by these present does agree with the City to furnish all equipment, tools, materials, skill, labor of every description, and all things necessary to carry out as delineated in “Exhibit A” (Scope of Services) and complete in a good, firm, substantial and workmanlike manner, the Work in strict conformity with the specifications which shall form an essential part of this agreement. In addition to the foregoing, and notwithstanding anything to the contrary stated herein, the following terms and conditions, amendments, and other documents are incorporated by reference and made a part of the terms and conditions of this Agreement as is fully set out herein:

EXHIBIT A – SCOPE OF SERVICE

EXHIBIT B – COST PROPOSAL

EXHIBIT C – W-9

EXHIBIT D – CERTIFICATE OF INSURANCE

EXHIBIT E – IMMIGRATION & SECURITY FORM

EXHIBIT F – CONTACT INFORMATION

EXHIBIT G – ADDENDUMS

2.0 Key Personnel

The City of Tucker enters into this Agreement having relied upon Contractor's providing the services of the Key Personnel, if any, identified as such in the body of the Agreement. No Key Personnel may be replaced or transferred without the prior approval of the City's authorized representative. Any Contractor personnel to whom the City objects shall be removed from City work immediately. The City maintains the right to approve in its sole discretion all personnel assigned to the work under this Agreement.

3.0 Compensation

3.1. Pricing. The Contractor will be paid for the goods and services sold pursuant to the Contract in accordance with the RFP and final pricing documents as incorporated into the terms of the Contract.

Unless clearly stated otherwise in the Standard Contract, all prices are firm and fixed and are not subject to variation. Prices include, but are not limited to freight, insurance, fuel surcharges and customs duties. The prices quoted and listed on the attached Cost Proposal, a copy of which is attached hereto as Exhibit "B" (Cost Proposal) and incorporated herein, shall be firm throughout the term of this Contract.

3.2. Billings. If applicable, and unless the RFP provides otherwise, the Contractor shall submit, on a regular basis, an invoice for goods and services supplied to the City under the Contract at the billing address specified in the Purchase Instrument or Contract. The invoice shall comply with all applicable rules concerning payment of such claims. The City shall pay all approved invoices in arrears and in accordance with applicable provisions of City law. Unless otherwise agreed in writing by the parties, the Contractor shall not be entitled to receive any other payment or compensation from the City for any goods or services provided by or on behalf of the Contractor under the Contract. The Contractor shall be solely responsible for paying all costs, expenses and charges it incurs in connection with its performance under the Contract. Standard payment terms: Net-30. Invoices are to be emailed to invoice@tuckerga.gov. A W-9 Request for Taxpayer Identification Number and Certification Form must be submitted “Exhibit C” (W-9).

3.3. Delay of Payment Due to Contractor's Failure. If the City in good faith determines that the Contractor has failed to perform or deliver any service or product as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such service or product is performed or delivered. In this event, the City may withhold that portion of the Contractor's compensation which represents payment for services or products that were not performed or delivered.

To the extent that the Contractor's failure to perform or deliver in a timely manner causes the City to incur costs, the City may deduct the amount of such incurred costs from any amounts payable to Contractor. The City's authority to deduct such incurred costs shall not in any way affect the City’s authority to terminate the Contract.

3.4. Set-Off Against Sums Owed by the Contractor. In the event that the Contractor owes the City any sum under the terms of the Contract, pursuant to any judgment, or pursuant to any law, the City may set off the sum owed to the City against any sum owed by the City to the Contractor in the City’s sole discretion.

mailto:invoice@tuckerga.gov

4.0 Duration of Contract

4.1. Contract Term. The Contract between the City and the Contractor shall begin and end on the dates specified, unless terminated earlier in accordance with the applicable terms and conditions.

Pursuant to O.C.G.A. Section 50-5-64, this Contract shall not be deemed to create a debt of the City for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. The term of this contract shall align with the City’s fiscal year from July 1 to June 30 and shall be from commencement of services and until all services are rendered. All invoices postmarked by the City during said term shall be filled at the contract price.

4.1.1 Option to renew: Unless either party gives one hundred eighty days (180) notice of its intent to not renew, this Agreement upon signing a renewal agreement will automatically renew for up to four

(4) additional one (1) year renewal periods, (each, a “Renewal Term”) at the expiration of the Term.

Thereafter, both Parties must agree to renew via an amendment to this Agreement.

4.2. Contract Extension. In the event that this Standard Contract shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified goods and ancillary services, the City may, with the written consent of Contractor, extend this Contract for such period as may be necessary to afford the City a continuous supply of the identified goods and ancillary services.

If not set forth in the RFP and/or Contractor's submittal, the City will determine the basic period of performance for the completion of any of Contractor's actions contemplated within the scope of this Agreement and notify Contractor of the same via written notice. If no specific period for the completion of Contractor's required actions pursuant to this Agreement is set out in writing, such time period shall be a reasonable period of time based upon the nature of the activity. If the completion of this Contract is delayed by actions of the City, then and in such event the time of completion of this Contract shall be extended for such additional time within which to complete the performance of the Contract as is required by such delay.

This Contract may be extended by mutual consent of both the City and the Contractor for reasons of additional time, additional services and/or additional areas of work.

5.0 Independent Contractor

5.1. The Contractor shall be an independent Contractor. The Contractor is not an employee, agent or representative of the City of Tucker. The successful Contractor shall obtain and maintain, at the Contractor's expense, all permits, license or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses or approvals to the City of Tucker Representative within ten (10) day after issuance.

5.2 Inasmuch as the City of Tucker and the Contractor are independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City of Tucker without the express knowledge and prior written consent of the City.

6.0 Indemnification

6.1 The Contractor agrees to indemnify, hold harmless and defend the City, its public officials, officers, employees, and agents from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including reasonable attorney's fees) to the extent rising out of any act or omission of the Contractor, its agents, subcontractors or employees in the performance of this Contract except for such claims that arise from the City's sole negligence or willful misconduct.

6.2 Notwithstanding the foregoing indemnification clause, the City may join in the defense of any claims raised against it in the sole discretion of the City. Additionally, if any claim is raised against the City, said claim(s) cannot be settled or compromised without the City's written consent, which shall not be unreasonably withheld.

7.0 Performance

Performance will be evaluated on a monthly basis. If requirements are not met, City of Tucker Procurement will notify the Contractor in writing stating deficiencies, substitutions, delivery schedule, and/or poor workmanship.

A written response from the Contractor detailing how correction(s) will be made is required to be delivered to the City. Contractor will have thirty (30) days to remedy the situation.

If requirements are not remedied City of Tucker has the right to cancel this Agreement with no additional obligation to Contractor.

7.1 Final Completion, Acceptance, and Payment

A. Final Completion shall be achieved when the work is fully and finally complete in accordance with the Contract Documents. The City shall notify Contractor once the date of final completion has been achieved in writing

B. Final Acceptance is the formal action of City acknowledging Final Completion. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the City's right under any warranty or guarantee. Prior to Final Acceptance, Contractor shall, in addition to all other requirements in the Contract Documents submit to City a Notice of any outstanding disputes or claims between Contractor and any of its Subcontractors, including the amounts and other details thereof. Neither Final Acceptance, final payment shall release Contractor or its sureties from any obligations of these Contract Documents or the bond, or constitute a waiver of any claims by City arising Contractor's failure to perform the work in accordance with the Contract Documents.

C. Acceptance of final payment by Contractor, or any Subcontractor, shall constitute a waiver and release to City of all claims by Contractor, or any such Subcontractor, for an increase in the Contract Sum or the Contract Time, and for every act or omission of City relating to or arising out of the work, except for those Claims made in accordance with the procedures, including the time limits, set forth in section 8.

8.0 Changes

City, within the general scope of the Agreement, may, by written notice to Contractor, issue additional instructions, require additional services or direct the omission of services covered by this Agreement.

In such event, there will be made an equitable adjustment in price, but any claim for such an adjustment must be made within thirty (30) days of the receipt of said written notice.

9.0 Change Order Defined

Change order shall mean a written order to the Contractor executed by the City issued after the execution of this Agreement, authorizing and directing a change in services. The Price and Time may be changed only by a Change Order.

10.0 Insurance

10.1 The Contractor shall, at its own cost and expense, obtain and maintain worker's compensation and commercial general liability insurance coverage covering the period of this Agreement, such insurance to be obtained from a responsible insurance company legally licensed and authorized to transact business in the State of Georgia. The minimum limit for Worker's Compensation Insurance shall be the statutory limit for such insurance. The minimum limits for commercial general liability insurance, which must include personal liability coverage will be $2,000,000 per person and $2,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage.

10.2 Contractor shall provide certificates of insurance evidencing the coverage requested herein before the execution of this agreement, and at any time during the term of this Agreement, upon the request of the City, Contractor shall provide proof sufficient to the satisfaction of the City that such insurance continues in force and effect. “Exhibit D” (Certificate of Insurance).

11.0 Termination

11.1. Immediate Termination. Pursuant to O.C.G.A. Section 50-5-64 and 36-60-13, this Contract will terminate immediately and absolutely if the City determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the City cannot fulfill its obligations under the Contract, which determination is at the City's sole discretion and shall be conclusive. Further, the City may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

(i) In the event the Contractor is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect;

(ii) The City determines that the actions, or failure to act, of the Contractor, its agents, employees or subcontractors have caused, or reasonably could cause, life, health or safety to be jeopardized;

(iii) The Contractor fails to comply with confidentiality laws or provisions; and/or

(iv) The Contractor furnished any statement, representation or certification in connection with the Contract or the bidding process which is materially false, deceptive, incorrect or incomplete.

11.2. Termination for Cause. The occurrence of any one or more of the following events shall constitute cause or the City to declare the Contractor in default of its obligations under the Contract:

(i) The Contractor fails to deliver or has delivered nonconforming goods or services or fails to perform to the City's satisfaction, any material requirement of the Contract or is in violation of a material provision of the Contract, including, but without limitation, the express warranties made by the Contractor;

(ii) The City determines that satisfactory performance of the Contract is substantially endangered or that a default is likely to occur;

(iii) The Contractor fails to make substantial and timely progress toward performance of the contract;

(iv) The Contractor becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws; the Contractor terminates or suspends its business; or the City reasonably believes that the Contractor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

(v) The Contractor has failed to comply with applicable federal, state and local laws, rules, ordinances, regulations and orders when performing within the scope of the Contract;

(vi) The Contractor has engaged in conduct that has or may expose the City to liability, as determined in the City's sole discretion; or

(vii) The Contractor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the State, the City, or a third party.

11.3. Notice of Default. If there is a default event caused by the Contractor, the City shall provide written notice to the Contractor requesting that the breach or noncompliance be remedied within the period of time specified in the City's written notice to the Contractor. If the breach or noncompliance is not remedied by the date of the written notice, the City may:

(i) Immediately terminate the Contract without additional written notice; and/or

(ii) Procure substitute goods or services from another source and charge the difference between the Contract and the substitute contract to the defaulting Contractor; and/or,

(iii) Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

11.4.